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Suffolk County Grand Jury Proceedings

A Grand Jury proceeding is the process whereby evidence is presented by the prosecution to determine whether there is exist sufficient evidence to indict a defendant on a criminal charge. The process itself is secretive and closed to the public. A Grand Jury consist of a panel of 16 to 23 jurors Grand Jury members. Grand Jury proceedings usually involve Felony criminal charges; however a Grand Jury may consider misdemeanor charges and violations as well. A Grand Jury may also be convened to investigate the criminal activity or allegations of neglect of office, or the misconduct of a public official. In Suffolk County, the Grand Jury proceedings are held in either Riverhead or Hauppauge.
 
A criminal defendant has the right by law to testify before the Grand Jury with the presence of a lawyer.  A defendant may also present witnesses to testify on his or her behalf. While a defendant may be accompanied by his or her lawyer during the proceeding, the lawyer is not permitted to object to any of the prosecutor’s questions or speak to the Grand Jury. There are no judges present during the Grand Jury presentation however judges do act as advisors when issues arise regarding the presentation.

If following the presentation, at least 12 members of the Grand Jury agree that there is sufficient evidence for the case to proceed to trial, the defendant will be indicted on the felony charge or charges voted on by the Grand Jury panel. A Grand Jury may instead conclude that that there is insufficient evidence that a felony had been committed, yet sufficient evidence that a Misdemeanor crime was committed. In this case, the Grand Jury may reduce the charge and direct the prosecutor to file a misdemeanor information with the criminal court charging the defendant with a Misdemeanor charge. If a Grand Jury determines that there is no reasonable cause to believe that the defendant committed any offense, the Grand jury will return a No True Bill and the charges will be dismissed. The burden of proof to obtain an indictment is very low, and so it is very easy for a prosecutor to procure an indictment. An indictment however does not mean that a defendant is guilty, it simply allows the prosecution to proceed with the case.

Once a defendant is indicted the case will be sent to a County Court judge at either the Suffolk County Court in Riverhead, or a designated County Court part located at the Cohalen Court Complex in Central Islip. The defendant will then be arraigned on the felony indictment. At this time the court will reconsider the defendant’s custody status in light of the indictment. This may include releasing the defendant on his or her own recognizance, releasing the defendant with conditions such as supervised release, or setting bail. If bail had been previously set by a lower court, such as at the First District Court in Central Islip, the court will reconsider the bail and may raise, lower, or keep the bail amount the same as previously set.
 
In Suffolk County, as well as all of New York State, for a criminal case to proceed on the felony level, the prosecutor must either present the case to a Grand Jury for an indictment, or have the defendant waive his or her right to an indictment and plead pursuant to an SCI plea. Often an attorney for the defendant will be able to negotiate a better resolution defendant will if the defendant agrees to waive the formality of requiring the prosecutor to present the case to a Grand Jury and agrees to accept an SCI plea instead. Another reason a defendant may want to avoid a formal indictment and agree to a pre indictment SCI plea is because once a defendant is formally indicted, plea and sentencing guidelines will set in that are often more rigid and severe than had the defendant resolved the case pre-indictment. While many felony cases can be resolved pre-indictment, others will not be able to be resolved pre-indictment. A felony is a very serious charge. If you have been charged with a felony, it’s important that you consult with an attorney immediately.